How do I Reverse a Quit Claim Deed?

Quitclaim deeds can be reversed for a number of reasons.

Quitclaim deeds are legal instruments that transfer ownership of a property from one party to another. Under certain circumstances, it is possible to reverse a quitclaim deed. You would need to prove that there was a technical flaw in the deed, an intentionally perpetrated fraud or "undue influence" placed upon either party while signing the deed. In any of these cases, the party seeking the reversal will need the services of an attorney in order to file a suit in court requesting the reversal. Quitclaim deeds have a statute of limitations, and any challenges to them must be made before the statute of limitations takes effect. In most states, the limit is two years. In California, it is five years.

1

Define the grounds why you believe the deed should not be valid. Technical errors include parties not using their legal names, the property not being properly described or other omitted information. Fraud could include a party forging a signature, a grantor who was not the owner of the property, or was a part-owner and did not have the right to sell the property. Undue influence includes a party signing the document under threats or coercion, or was not in a sound state of mind to make the decision to agree to the quitclaim.

2

Consult with a local attorney. The type of lawyer you hire will depend upon the cause for reversal. If there was a willful intent to defraud one of the parties, the suit might involve criminal charges and you would best be served by a criminal attorney handling the case. If there was simply a technical error, then the matter can be handled in a municipal court with a general practice lawyer. If the reason for reversal is undue influence among relatives, it might be more appropriate to hire a family attorney to argue the case.

3

File the suit before the statute of limitations takes effect. As long as the suit is filed, the case can be heard even after the limitation begins. For your case, gather any evidence the attorney suggests that would help you in court. This can include property records, birth certificates, mortgage statements or an affidavit from a therapist who was counseling the party claiming undue influence.

About the Author

Micah Rubenstein has been writing professionally since 1985. He was the editor of the online publication GrailWorld Magazine, the host and producer of the weekly "Message In Music" radio series and a former professor at Kenyon College in Gambier, Ohio. He teaches at Columbus State Community College and Granite State College in New Hampshire. He holds a Bachelor of Arts in music from Brown University.